| Particulars | Details |
|---|---|
| Section | BNS Section 69 |
| Offence | Sexual Intercourse by Deceitful Means or False Promise to Marry |
| Old IPC Section | New Offence under BNS |
| Punishment | Imprisonment up to 10 Years + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 69 is a newly introduced provision under the Bharatiya Nyaya Sanhita, 2023 that criminalizes sexual intercourse obtained through deceitful means. The section specifically targets situations where a woman consents to sexual intercourse because of a false promise of marriage or other forms of deception.
Unlike rape provisions, Section 69 applies where the sexual intercourse does not amount to rape but consent was obtained through dishonest or fraudulent representations. The provision seeks to address situations where women are induced into sexual relationships through deliberate deception.
The law also expands the concept of deceitful conduct by including false promises of employment, promotion, and marriage by suppressing identity.
What is BNS Section 69?
BNS Section 69 makes it an offence for a person to have sexual intercourse with a woman by employing deceitful means or by making a promise to marry without any intention of fulfilling that promise.
The section applies only when the sexual intercourse does not amount to rape under the law. If the facts constitute rape, the relevant rape provisions of the Bharatiya Nyaya Sanhita would apply instead.
The explanation to the section clarifies that deceitful means include false promises of employment, false promises of promotion, and marriage by concealing or suppressing one's identity.
Bare Act Text of BNS Section 69
Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Explanation
"Deceitful means" shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.
Essential Ingredients of BNS Section 69
To establish an offence under BNS Section 69, the prosecution must prove:
- The accused had sexual intercourse with a woman.
- The sexual intercourse does not amount to rape.
- Consent was obtained through deceitful means or a false promise of marriage.
- The promise was made without any genuine intention of fulfilling it.
- The woman acted on the basis of such deception.
- The accused intentionally employed deceit to obtain consent.
- The prosecution proves the allegations beyond reasonable doubt.
Punishment Under BNS Section 69
A person convicted under BNS Section 69 may be punished with:
| Offence | Punishment |
|---|---|
| Sexual intercourse by deceitful means or false promise to marry | Imprisonment up to 10 years and fine |
The court may impose imprisonment, fine, or both depending upon the facts and circumstances of the case.
Classification of Offence Under BNS Section 69
| Particulars | Classification |
|---|---|
| Nature of Offence | Sexual Intercourse by Deceitful Means |
| Cognizable | Cognizable |
| Bailable | Non-bailable |
| Compoundable | Non-compoundable |
| Triable By | Court of Session |
Bail Under BNS Section 69
BNS Section 69 is a non-bailable offence. Therefore, an accused person cannot claim bail as a matter of right.
While deciding a bail application, the court may consider:
- Nature of the allegations.
- Evidence regarding the alleged false promise.
- Communications between the parties.
- Conduct of the accused.
- Possibility of witness tampering.
- Criminal antecedents of the accused.
- Chances of absconding.
- Overall facts and circumstances of the case.
Since the offence carries a punishment extending up to ten years, courts generally examine the evidence carefully before granting bail.
Which Court Has Jurisdiction Under BNS Section 69?
Offences under BNS Section 69 are triable by the Court of Session.
After completion of the investigation and filing of the charge sheet, the matter is committed to the Court of Session for trial because of the serious nature of the offence and the punishment prescribed.
Legal Process Under BNS Section 69
- Registration of FIR.
- Police investigation.
- Collection of documentary and electronic evidence.
- Examination of messages, emails, chats, and social media communications.
- Recording of witness statements.
- Statement of the complainant.
- Arrest of the accused where necessary.
- Collection of supporting evidence regarding the alleged promise or deception.
- Filing of charge sheet.
- Committal of the case to the Court of Session.
- Framing of charges.
- Recording of prosecution evidence.
- Cross-examination of witnesses.
- Recording of defence evidence, if any.
- Final arguments.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the higher court.
Old Law vs New Law (IPC → BNS Mapping)
| Old IPC Provision | BNS Provision |
|---|---|
| No specific standalone provision | BNS Section 69 |
BNS Section 69 is a new offence introduced under the Bharatiya Nyaya Sanhita, 2023. Under the IPC, cases involving false promises of marriage were generally examined under rape provisions depending on the facts of each case. The BNS now creates a separate and specific offence for such conduct.
Important Case Laws Related to BNS Section 69
Pramod Suryabhan Pawar v. State of Maharashtra (2019)
The Supreme Court held that a false promise to marry may attract criminal liability where the promise was made without any intention of being fulfilled from the very beginning.
Sonu @ Subhash Kumar v. State of Uttar Pradesh (2021)
The Court observed that every breach of a promise to marry does not automatically amount to a criminal offence. The intention of the accused at the time the promise was made is an important factor.
Uday v. State of Karnataka (2003)
The Supreme Court distinguished between a genuine failed relationship and a deliberately false promise made solely to obtain consent.
Defences Available Under BNS Section 69
Depending upon the facts of the case, the accused may raise the following defences:
- The promise to marry was genuine when made.
- The relationship was consensual.
- There was no deception or fraudulent inducement.
- The marriage could not take place due to subsequent circumstances.
- Lack of evidence regarding false intention.
- False implication.
- Contradictions in witness statements.
- Failure of the prosecution to prove guilt beyond reasonable doubt.
Real-Life Example of BNS Section 69
Suppose a man knowingly promises marriage to a woman despite having no intention of marrying her. Based on this representation, the woman agrees to a sexual relationship. Later, evidence shows that the promise was false from the beginning and was made only to obtain consent. In such circumstances, the accused may be prosecuted under BNS Section 69.
Similarly, if a person induces a woman into a sexual relationship by falsely promising a job or promotion, or by concealing his identity for the purpose of marriage, the facts may attract the provisions of BNS Section 69.
Conclusion
BNS Section 69 is a significant new provision under the Bharatiya Nyaya Sanhita, 2023. It specifically criminalizes sexual intercourse obtained through deceitful means, including false promises of marriage, false employment promises, false promotion assurances, and marriage by suppressing identity.
By introducing a separate offence punishable with imprisonment of up to ten years and fine, the legislature has sought to address situations where consent is obtained through deliberate deception rather than genuine free choice.